A strip, not to exceed two feet in width and measured at a 90
degree angle to the parallel property line, is designated on the following
streets as planting beautification areas:
A. Both
the north and south sides of:
1. East
Washington Street from east line of 1st Avenue easterly to the west
line of SE 4th Avenue;
2. Main
Street from 200 feet west of the west line of 1st Avenue to the west
line of 5th Avenue; and
3. NE
Lincoln Street from the east line of N 1st Avenue to the west line
of NE 4th Avenue; and
B. Both
the east and west sides of:
1. 2nd
Avenue from the north line of SE Baseline Street to 200 feet north
of the north line of NE Lincoln Street;
2. 3rd
Avenue from the north line of SE Baseline Street to 200 feet north
of the north line of NE Lincoln Street; and
3. 4th
Avenue from the north line of SE Baseline Street to 200 feet north
of the north line of NE Lincoln Street.
Within planting beautification areas:
A. Only
plants of a nontoxic nature are allowed; and
B. Plants
producing pods, berries, spines, saps or pollens of typical irritant
characteristics are prohibited.
No hanging plants are allowed in planting beautification areas
unless the bottom of the plant's container is maintained at a minimum
height of eight feet above the sidewalk.
Within the planting beautification areas:
A. The
utilization of the provisions of this subchapter is optional for the
city;
B. The
city is not liable for injury or damage resulting from placement of
plants in portable tubs or planter boxes within the public right-of-way;
and
C. The
owner or person in charge of property adjacent to the plants in portable
tubs or planter boxes within the right-of-way is liable for any injury
or damage resulting from placement in the right-of-way.
The city may summarily remove and confiscate any device placed
in the right-of-way in violation of the provisions of this subchapter.